401(k). Except with the prior written consent of Parent, during the period from the date of this Agreement to the Effective Time, the Company shall not (i) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in Shares. If requested by Parent in writing at least 10 days prior to the Effective Time, the Company shall terminate the Company’s 401(k) plan immediately prior to the Effective Time.
Appears in 3 contracts
Sources: Merger Agreement (Somanetics Corp), Merger Agreement (Covidien PLC), Merger Agreement (Somanetics Corp)
401(k). Except with the prior written consent of the Parent, during the period from the date of this Agreement to the Effective Time, the Company shall not (i) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in SharesCompany Common Stock. If requested by the Parent in writing at least 10 days prior to the Effective Timewriting, the Company shall terminate the Company’s 401(k) plan immediately prior to the Effective Timescheduled expiration date of the Offer.
Appears in 2 contracts
Sources: Merger Agreement (Genzyme Corp), Merger Agreement (Bioenvision Inc)
401(k). Except with the prior written consent of Parent, during the period from the date of this Agreement to the Effective Time, the Company shall not (i) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this Agreement, or (ii) make any required contribution to the Company’s 401(k) plan in Shares. If requested by Parent in writing at least 10 days prior to the Effective Timewriting, the Company shall terminate the Company’s 401(k) plan immediately prior to the Effective Time.
Appears in 1 contract
Sources: Merger Agreement (Icagen Inc)
401(k). Except with the prior written consent of the Parent, during the period from the date of this Agreement Date to the Effective Time, the Company shall not (ia) make any discretionary contribution to the Company’s 401(k) plan, other than employer matching contributions at the rate in effect immediately prior to the date of this AgreementAgreement Date, or (iib) make any required contribution to the Company’s 401(k) plan in Shares. If requested by the Parent in writing at least 10 ten (10) days prior to the Effective Timescheduled Expiration Date, the Company shall terminate the Company’s 401(k) plan immediately prior to the Effective Time.
Appears in 1 contract